Fair Work Ombudsman v TKN Civil Works 2019 Pty Ltd

The Federal Court of Australia, constituted by Jarrett J, considered a dispute between the Fair Work Ombudsman and TKN Civil Works 2019 Pty Ltd. The Ombudsman alleged that TKN Civil Works had contravened section 50 of the *Fair Work Act 2009* (Cth) by failing to comply with a notice issued under section 480 of the Act. This notice required the company to provide certain records and information to the Ombudsman.

The central legal issue before the Court was whether TKN Civil Works had established a defence under section 50(2) of the *Fair Work Act*. This defence requires an employer to demonstrate that they took all reasonable steps to comply with the notice, or that it was not reasonably practicable to comply with the notice. The Court was therefore required to assess the evidence presented by TKN Civil Works regarding its efforts to comply with the section 480 notice.

Jarrett J found that TKN Civil Works had failed to establish the defence under section 50(2). The Court reasoned that the company's actions did not demonstrate that it had taken all reasonable steps to comply with the notice, nor that compliance was not reasonably practicable. The evidence did not support a finding that the company had made genuine and diligent efforts to gather and provide the requested information. Consequently, the Court concluded that TKN Civil Works had contravened section 50 of the Act. The Court ordered TKN Civil Works to pay a penalty for the contravention.